MR. SRIKANTH GANESAN vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59643
CRL.P No. 7890 of 2019
CNR: KAHC010447292019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.7890 OF 2019
BETWEEN:
MR. SRIKANTH GANESAN
S/O A S GANESAN
AGED ABOUT 49 YEARS
R/A NO.C-303
SRADDHA SILVER SPRINGS
THUBRAHALLI
BENGALURU-560066
ALSO:
BUSINESS SERVICE
AVATER BUILDING
ITPL, WHITEFIELD
BENGALURU-560066
…PETITIONER
(BY SRI. PRAVEEN KUMAR HIREMATH, ADVOCATE)
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
REP. BY WHITEFIELD POLICE STATION
WHITEFIELD
BENGALURU-560066
2. PARAMJEET KAUR
D/O RAJINDER SINGH
AGED ABOUT 35 YEARS
R/AT A1002, SHILPTHA ROYAL
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CRL.P No. 7890 of 2019
CNR: KAHC010447292019
K R PURAM
BENGALURU CITY
KARNATAKA-560036
…RESPONDENTS
(BY SRI SUHAS GOWDA M, HCGP FOR R1;
SERVICE OF NOTICE TO R2 H/S V/O DT.12.10.26)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO
QUASH THE COMPLAINT DATED 10.06.2019 FILED BY THE DE-
FACTO COMPLAINANT BEFORE THE RESPONDENT POLICE
WHICH IS PENDING ON THE FILE OF ADDL.C.J.M., BENGALURU
RURAL DISTRICT IN CR.NO.261/2019 (ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
This petition is filed praying this Court to quash the
complaint dated 10.06.2019 filed by the defacto complainant
before the respondent police which is pending on the file of
Additional Chief Judicial Magistrate, Bangalore Rural District in
Cr.No.261/2019 at Annexure-A and also quash the FIR
registered in Cr.No.261/2019 at Annexure-B.
2. Heard the learned counsel appearing for the
petitioner and the learned High Court Government Pleader
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appearing for respondent No.1. Though notice of respondent
No.2 is served, respondent No.2 is unrepresented.
3. The factual matrix of case of the complainant that
complainant and petitioner/accused were working in the same
company and this petitioner is working as a Reporting Manager
in the said company. The allegation made in the complaint that
this petitioner subjected the complainant for sexual assault
outraging modesty of a woman and he used to harass the
complainant in the work place. Hence, the complaint was given
under the Prevention, Prohibition and Redressal Act 2013
(PoSH Act) regarding harassment of a woman at workplace.
Based on the said allegation, a Internal Complaint Committee
(ICC) was constituted. The allegation in the said complaint that
the said Committee failed to conduct proper investigation and
give relief to her. Hence, she filed the complaint invoking
offence under Section 354 of IPC against the petitioner.
4. The counsel appearing for the petitioner would
vehemently contend that when such complaint was filed, ICC in
its enquiry files a report stating that complainant's
misunderstanding clubbed with her irritation with the accused
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made the complainant to allege that accused has been
harassing the complainant. The respondent police have ignored
the same and fallen to the trap of the complainant and
registered the FIR. The counsel would vehemently contend that
it will not attack the offence under Section 354 of IPC and also
would vehemently contend that the complaint does not disclose
specific events, dates or allegations. The omnibus allegations
are made in the complaint. Apart from that earlier also when
the complaint was given, committee was constituted and
committed not find any such harassment meted out to the
complainant and recommendations were also made that both of
them were having good relationship and friendship and they
used to travel together and exchanging the messages in
WhatsApp and there are no material to comes to a conclusion
that she was subjected to sexual harassment. The counsel
would vehemently contend that this complaint is offshoot when
she fails to get any relief before the PoSH committee and an
allegation is made that committee has not properly conducted
the investigation. The counsel would vehemently contend that
Annexure-B is the FIR and Annexure-C is the memorandum of
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charge framed by the committee. The counsel also brought to
notice of this Court that point-wise response to the charges of
the complainant was given as per Annexure-D and Enquiry
Committee clearly says that there was no such incident of
harassment and given the report as per Annexure-E and even
recommendations made also that no such incident was taken
place and committee strongly feels that the complainant has
not filed the complaint with any malicious intention and the
complainant is not realizing the fact that all the personal
interactions of the accused was with the permission of the
complainant. The committee cannot conclude even for a
moment that the accused acted without permission of the
complainant and committee further recommends that the
complaint be moved completely out of the purview of the
accused department so that there are no more opportunities for
future interactions between two. The counsel would vehemently
contend that when the complainant fails to get any favourable
relief by the committee, an after thought, filed the present
complaint and if it is continued, it amounts to abuse of process.
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5. Per contra, the counsel appearing for the State
would submit that though complainant fails to appear before
the court but court has to take note of the allegations made in
the complaint wherein specific allegations are made that
petitioner has harassed the complainant by using abusive
language, putting hands on her shoulders, asking for long
drives and saying to stay in his house, sending obscene
messages and romantic songs were playing in the cabin when
she was in the cabin. Hence, matter requires investigation.
6. Having heard the counsel appearing for the
petitioner and also the counsel appearing for the State and
taking into note of contents of the complaint, no doubt, in the
complaint it is stated that both of them working in the same
company and nothing is specifically stated that on what date
incident was taken place. Except making general allegation that
the petitioner was using abusive language and he put hands on
her shoulders, no specific date is mentioned and with regard to
sending obscene messages and playing romantic songs also, no
specific allegations are made in the complaint. Having read the
complaint, it discloses that an omnibus statement is made that
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the petitioner was misbehaving with the complainant and no
specific date is mentioned that on what date such offence was
taken place. When allegation of sexual exploitation of women at
work place was made, the company has formed a Committee
with regard to enquire into the matter. The counsel also
brought to notice of this court the recommendations given by
the said committee wherein it is stated that they have not
found any substance of material with regard to outraging her
modesty and making any sexual harassment except both of
them moved together and also moving freely and exchanging
their words through WhatsApp messages. The recommendation
of the report of ICC is very clear that except free movement
between both of them not found any such material. The ICC
has taken lot of strain and effort to understand the state of
mind of the complainant and the complainant emotions for
initiating such a case and even an observation is made that
sometime when the relationship was strained between them,
the accused started keeping a distance and the complainant
started feeling losing her importance in the team when they
were working in the team and also issue found that there was a
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misunderstanding and complainant started feeling that accused
is targeting her and favouring other team members and these
differences were found between them and nothing is found. It
has to be noted that when the committee was constituted and
report was given stating that nothing is found with regard to
sexual harassment. The accusation is also a general allegation
in the complaint and omnibus statement is made and in the
complaint nothing is stated that on what date the incident was
taken place and only a general reference was made that the
petitioner has harassed. But the fact is that the petitioner is a
Reporting Manager and they were having cordiality for about 2
years when they were working together in the same company
and she was transferred to Bangalore in July 2018 and working
as Learning and Development Manager at Conduent Business
Services in their ITPL Bangalore. When report goes against
complainant when the committee was constituted under the
PoSH Act, the present complaint is filed and the contents of the
complaint also general in nature. When such being the case,
there cannot be any criminal prosecution against the petitioner.
No doubt, the report of PoSH Committee is distinct and the
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same will not come in the way of criminal proceeding
particularly to invoke Section 354 but having perused the
contents of the complaint, no prima facie case is found to
continue the criminal proceedings against the petitioner and if it
is continued, it amounts to miscarriage of justice and it is
nothing but an abuse of process.
7. In view of the discussions made above, I pass the
following:
ORDER
The petition is allowed.
The complaint dated 10.06.2019 at Annexure-A and FIR
registered in Cr.No.261/2019 at Annexure-B against the
petitioner are hereby quashed.
Sd/-
(H.P.SANDESH)
JUDGE
SN